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Mistry Valji Naran Mulji v. Janendra Raichand, Virchand Mulji Malde & Ratilal Ghela Samat

(2018) JELR 99044 (CA)

Court of Appeal  •  Civil Application 38 of 2016  •  15 Nov 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

RULING OF THE COURT

[1] The applicant herein has approached us under the provisions of Article 163(4)(b) of the Constitution seeking certification that his intended appeal to the Supreme Court against this Court’s (Makhandia, Ouko and M’inoti, JJ.A) judgment dated 27th May, 2016 in Civil Appeal No. 46 of 2015 raises issues of public importance.

[2] The facts which culminated in the impugned decision relates to the ownership and/or entitlement of a portion of Mombasa/Block XII/4 (suit land). Apparently, the suit land was originally registered in favour of Dolatkhanu w/o Amirali Khetsi Hansraj, Abdulahi Khetsi Hansraj and Zulfakir Khetsi Hansraj. In the year 1971, the three proprietors leased out the suit land to the applicant who carried out his construction business thereon.

[3] Somewhere along the line, a dispute arose between the original proprietors and the applicant with respect to payment of rent which dispute was referred to arbitration. The arbitrator’s award was to the effect tha…

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